Advisory Opinion: 1434

Year Issued: 1991

RPC(s): RPC 1.2

Subject: Agreement permitting legal services agency to negotiate settlement of attorney fees separate from claim; limits on objectives of representation

The Committee reviewed your inquiry concerning use of a retainer agreement in which the client authorizes your legal services center to negotiate the merits of the claim separate and apart from the issue of attorney fees. The Committee understood that the agreement also provides that all settlement offers will be presented to the client.

The Committee notes that RPC 1.2 provides that an agreement between a lawyer and client may limit the objectives of the representation but that the lawyer must still abide by the client's decision whether to accept settlement of the matter. The Committee is of the opinion that your agreement complies with that rule.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.